Om Prakash Ram v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12287 of 2019 Arising Out of Case No.-424 Year-2018 BHABHU(KAIMUR) COMPLAINT DistrictKaimur (Bhabua) ====================================================== OM PRAKASH RAM Son of Ganesh Ram Resident of Village- Ramgarh, P.S.- Chanari, District- Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kiran Devi D/o Samir Ram, Wife of Om Prakash Ram R/o Village - Dahiaon, P.S.- Durgawati, District- Kaimur (Bhabua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 424 of 2018 for the offences allegedly committed by the petitioner under Section 498A of the IPC and u/s 4 of the Dowry Prohibition Act.

The learned counsel for the petitioner submits that marriage of the petitioner with complainant was solemnized in the year 2012 but the complainant herself did not want to live with petitioner. Consequently, the complainant and petitioner parted with each other but the complainant filed the complaint case in the year 2018. It is submitted that notice was issued to the complainant and petitioner was granted provisional

Patna High Court CR. MISC. No.12287 of 2019(4) dt.21-05-2019 2/2 anticipatory bail by order dated 28.02.2019. It is submitted that petitioner never tortured his wife but the learned counsel for the complainant submits that petitioner has already solemnized second marriage with one Gita Devi, daughter of Mahendra Ram.

Taking into consideration the facts that petitioner was granted provisional anticipatory bail on consideration of the facts that both husband and wife parted with each other with mutual consent and thereafter the complainant, wife of the petitioner, filed complaint case making allegation of demand of dowry and torture, the provisional anticipatory bail granted to the petitioner vide order dated 28.02.2019 is hereby confirmed. (Prabhat Kumar Jha, J) BKS/- U T